An increasing number of gun owners, with help from attorneys, are creating legal trusts to buy silencers, fully-automatic machine guns, or any other items or weapon whose sale is restricted by federal gun law, otherwise known as the National Firearms Act “NFA”— this legal entity subverts the requirement to obtain local law enforcement approval or even undergo criminal background checks. This trust goes around much of the red tape and problems associated with personal ownership of NFA weapons.

These gun trusts allow the owners of the regulated firearms to use and share them legally with family members and to pass them down through the generations. These trust are gaining in number because they offer legal protection from potential future laws which may ban the possession or sale of the firearms.

Specific benefits:

Local Sheriff or Chief Law Enforcement Officer (CLEO) Sign Off Not Required – The Bureau of Alcohol, Tobacco, and Firearms (ATF or BATF) mandate that individuals get the approval of the CLEO of the county where you live does not apply to NFA gun trusts. Many local sheriffs refuse to sign off on the purchase for various reasons which makes buying a NFA weapon almost impossible for an individual. A class 3 NFA trust works around that problem.

Fingerprint Cards Not Required – For an individual, the BATF requires two sets of fingerprint cards to go with Form 4transfers. This requirement doesn’t apply to a NFA gun trust.

Owner Photograph Not Required – An individual is required to provide a photograph with the application, again doesn’t apply to a gun trust.

Continuity of Ownership – as like most trusts, unless the items in the trust are sold by the trustee, the items belongs to the trust as long as the trust exists. Usually, a trust runs 70 years. A gun trust can set out the division of property just like a will, but the assets remain legally in the trust for generations.

Charles M. Britt, III

Continuity, Scope, and Mutuality of Class 3 Weapon Possession – A NFA firearm trust can allow various people to possess and use Class 3 weapons owned by the trust. Multiple trustees can be named who have the authority to possess the trust's assets. Those persons and beneficiaries can be designated at the outset of the trust or added or deleted at a later date. Without a trust, the individual owner, and no one else, can possess or use the Class 3 weapon. There is no requirement to transfer the gun trust assets upon the death or legal incapacity of a trustee or beneficiary. You also avoid the need to file a Form 4 transfer and pay the $200 federal tax.

Confidentiality - The gun trust is not filed with any state or municipal government or other law enforcement entity, except the BATF. If gun trust buys a NFA Class 3 weapon, a copy of the trust itself must be filed with Form 4. But, your trust and your name only show up on the tax rolls of the BATF. Since it is a tax related filing, it is exempt from most subpoenas and public records requests.

No Filing Fees – Since nothing is filed with any government bureaucracy, there are no filing fees to be paid for someone to copy and file it in a government database.

Insurance – As it stands right now, an NFA Class 3 weapons trust is you best protection to buy and later sell or transfer those weapons as assets for generations to come. What laws that may come in the future will probably not affect trust already in existence.

Protection – not from criminals, but from the government. A gun trust can be written to insulate your loved ones in case they accidentally possess an NFA weapon that is not registered to them personally.

Speed of Registration - A properly written NFA gun trust can speed up the registration process significantly and allow you to obtain Class 3 items before new laws take effect.

Background Check Not Required- while most Class 3 dealers do it anyway, there is no requirement of a background check when an NFA gun trust is used.

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VIEWING 9 COMMENTS

Carolin

Monday, July 22, 2013 at 4:28 pm

Hi my name is Carolin,

I'm a non citizen but I live from time to time in Florida (as a tourist). I want to purchase firearms. I know, that it isn't possible for me as an individual, thats the reason why I'm interested in trusts. Is there any possibility to purchase guns as a trustee? Can I be a trustee as a non citizen or can I create a trust? I can't find any information, especialy in the staten and federal law.

Thanks in advance for any help

Carolin

Alex A.

Sunday, August 4, 2013 at 12:38 pm

Is it unique to FL or I can do in other states? TN? Can you handle that from FL?

Lee Williams

Monday, August 5, 2013 at 7:17 am

The trust is valid in any state that does not ban the possession of NFA/Class III weapons by an individual. IF you can possess these weapons according to your state law, and you can in Tennessee, the trust is valid. Hope this helps.

guntrustinfo.com

Thursday, August 15, 2013 at 3:40 am

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Sunday, August 18, 2013 at 1:24 pm

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Marion

Wednesday, December 25, 2013 at 8:04 am

You need to spend a little more time lkoniog at the cartridge loads for the .30-30. Its certainly a lighter cartridge than .308, but that LOOONG neck give it options to load some very heavy bullets without sacrificing case capacity. 7.62 39 is set up for 123gr 0.311 bullets and little else.Maybe the old Winchester Factory load was similar to the soviet intermediate .just like the military .30-06 load for the Garand is equivalent to 7.62x51mm NATO, but comparing cartridges on such a narrow level is hardly fair!

Hi my name is Josh and I am writing a great review for http://www.199Trust.com. I really didn't know anything about Gun trust's but I know I wanted to purchase NFA items from a local dealer. I got info about http://www.199Trust.com from a friend of mine that said if I want a gun trust than I should go with them because its literally pay the $99.00 flat fee and get the gun trust emailed to you within the same day. I had spoken with Eric from http://www.199Trust.com with all my questions and concerns. He answered all my questions professionaly and my only concern was how fast I can pay to get my gun trust. If your interested in getting a gun trust and have any questions call Eric @ (888) 442-4307. You won't regret it!!!

Jerome Bistritz

Monday, August 18, 2014 at 11:58 am

Hello
I would like to know if I have a gun trust the purchase of class 3 weapons are covered using a form 4 but can I also purchase regular (semiautomatic) firearms using the 4473 form or do I still need a FFL for those?

Last modified: May 15, 2013
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About the Gun Writer

Lee Williams — The Gun Writer — can’t remember a time in his life when he wasn’t shooting. Before becoming a journalist, Lee served in the Army and worked as a police officer. He’s earned a dozen national journalism awards as a reporter, and three medals of valor as a cop. He is an NRA-certified law enforcement firearms instructor, an avid tactical shooter and a training junkie.

When he’s not busy as an investigative reporter for the Herald-Tribune, he is usually shooting his AKs, XDs and CZs.